JAMAR M. KULAYAN vs.

GOV. ABDUSAKUR M. TAN

G.R. No. 187298, July 03, 2012

Executive Power

FACTS:

Three members of the International Committee of the Red Cross (ICRC) were kidnapped
in the Provincial Capitol in Patikul, Sulu.

On 31 March 2009, Governor Tan issued Proclamation No. 1, Series of 2009

(Proclamation 1-09), declaring a state of emergency in the province of Sulu. It also invoked
Section 465 of the Local Government Code of 1991, which bestows on the Provincial Governor
the power to carry out emergency measures during man-made and natural disasters and
calamities, and to call upon the appropriate national law enforcement agencies to suppress
disorder and lawless violence.

Petitioners Jamar M. Kulayan and other residents of Patikul, Sulu filed the present
petition, claiming that Proclamation 1-09 was issued with grave abuse of discretion amounting
to lack or excess of jurisdiction. They claim that the proclamation violated Sections 1 and 18,
Article VII of the Constitution, which grants the President sole authority to exercise emergency
powers and calling-out powers as the chief executive of the Republic and commander-in-chief
of the armed forces.

ISSUE:

Is declaring a State of Emergency and calling out the members of the AFP within a
provincial governor’s powers?

RULING:

No. The exceptional character of Commander-in-Chief Powers dictate that they are
exercised by one president.

As Commander-in-Chief, the President has the power to direct military operations and to
determine military strategy. He is authorized to direct the movements of the naval and military
forces. The “call-out” power is exclusive and constitutionally vested only to the President. A
local chief executive exercises operational supervision over the police, and may exercise control
only in day-to-day operations.The discussions of the Constitutional Commission show that the
framers never intended for local chief executives to exercise unbridled control over the police in
emergency situations.